CC Resolution No. 3101-30 WJML:KIJ:v 12-13-72-35 : .
RESOLUTION, N0. 3101- 30
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CUPERTINO ORDERING
~CHANGES AND MODIFICATIONS
CROSSROADS ASSESSMENT DISTRICT
PROJECT N0. 71-2
UNDERGROUND U'~ILITY IMPROVEMENTS
~r ~
BE IT RESOLVED BY 'rHE CSTY COUNCIL OF THE CITY OF CUPERTINO AS
FOLIAWS o .
WI~REAS, this Council, in con~unction with special a.ssessment
and.assessment bond proceedings conducted pursuant to Resolution of
Intention No. 3101-3, adopted March 6, 1972 (Crossroads Assessment
District) has formed Underground Utility District No. 2, compri`sing
the lands within.said Crossroads Assessment District a nd including
lands lying westerly of.Saratoga-Sunnyval'e R oa d and northerly of
~ Stevens Creek Boulevarcl; ,
~ _WI~REAS, it has been determined that substantial cost savings
can be.achieved by,accomplishing the undergrounding of utilities on
~ both sides of Saratoga-Sunnyvale Road simultaneously because of in-
creased utility participation under Public U,tilities Commission Rule
20B, and this Council has therefore initiated proceedings to create
an Underground Utility District..on the east of Saratoga-Sunnyvale
Road from the south side of~Stevens Creek Boulevard to a point
approximately 1800 feet northerly thereof, being the property across .
Saratoga-Sunnyvale Road from said Crossroads Assessment District;
~ WHEREAS, the total estimated cost of undergroundin~ of ~
utilities in said area along the west side only of Saratoga-Sunnyvale
Road is-~g2,28~ and the total estimated cost of accomplishing the
undergr.oundi,ng of sa~.d utilities on both sides of said Saratoga-
Sunnyvale Road,.after utility credits, is $82;27~;
WHEREAS,,Ordinance No. 5~6, An Ordinance of.the City of
Cupertino Relating to the Improvement of Unimproved Streets by~
Those Persons Building on Ad~acent Land provides, in Section 4 of
Article II thereof,~that as a condition precedent to obtaining.
certain specified permits any permittee who proposes certain _
specified aetivities upon his land which land is ad~acent to a
street which has been improved by the City or another prop~rty
owner must pay to the City a sum representing his share of the
cost of the improvements theretofore installed, including but not
limited to the undergrounding of utilities and provides for reim-
bursement by the City to any property~owners who have theretofore
paid the cost of said improvements; ~
WHEREAS9 the cost of accomplishing said undergrounding of said
utilities is included within the assessments levied in said Cross-
roads Assessment District,
NOW9 THEREFORE, IT IS ORDERED9 as follows> ,
1, That. the work to~be done and the plans and specifications
therefbr and the estimate of ~eost are hereby modified to include the
undergrounding of electrical and telephone utilities along Saratoga-
Sunnyvale Road, including both sides thereof, from the north line of
Stevens Creek Boulevard to a point approximately 1800 feet nort.herly
thereof , ~
2, That upon formation of the Underground U'tility District
comprising the lands lying easterly of Saratoga-Sunnyvale Road from
the north line of Stevens Creek Boulevard northerly about 1800 feet,
as a condition precedent to obtaining a building permit, use permit,
variance, lot split or site and architectural approval from the City
under and pursuant to the provisions of the Ordinances of_ said City,
any person who proposes to erect, construct, add to, alter or repair
any building or structure on or upon any land (or who seeks to change
the use of said land), any portion of which fronts on said _easterly
side of Saratoga-Sunnyvale Road within said Underground Utility
District shall, in addition to.meeting the other requirements of said
Ordinance Noo 5~+6, pay to the City his pro rata share of the total
cost of undergrounding said utilities alon~ Saratoga-Sunnyvale,Road
computed in accordance wi~h the formul~a used in the levy of assess-
ments in said Crossroads Assessment District,
3o That the amounts collected under the preceding paragraph
shall be periodically distributed, in lawful money of the United
States or by bank cashier's check, to the owners of land within the
' boundaries of said Crossroads Assessment District who owned said
lands at the time of the levy of the assessments in said proceedings,
~4; That said reimbursements shall continue to be made until
all of the bonds issued to,represent the unpaid assessments in said
Crossroads Assessment District proceedings have been paid in full;
any amounts collected after that time shall be paid into the general
fund of. the City,
5; That this resolution shall, upon its adoption, become a
part of the Engineer's Report f iled and approved in said proceedings
conducted pursuant to said.Resolution of Intention Noo 3101-3, and a
certified copy thereof shall be attached to said Report on file in
the office of the Superintendent of Streets.
6, That a certified copy of th3s resolution shall be recorded
in the office of the County Recorder of the County of Santa Claraa
2
PASSED and ADOPTED by the City Council of the City of
Cupertino, State of California,
19 73 , by the following vote:
AYES-.
NOES-.
ABSENT-.
ATTEST-.
Z�fg'�
City Cl6kk
thiS 2nd day Of January ,
Councilmen: Irwin, Jackson, Meyers, Sparks, Frolich
Councilmen: None
Councilmen: None
Mayor
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WILSON, .TONES, MORTON RC LYNCH
ATTORNEYS AND COUNSELLORS AT LAW °
630 NORTH SAN MATEO DRIVE
SAN MATEO, CALIFORNIA 94401